23 U.S.C. § 115

Section 115 · Advance construction

Current version, with additions and removals from the August 10, 2005 version.

Current — November 15, 2021

As of August 10, 2005

(a) In General.—The Secretary may authorize a State to proceed with a project authorized under this title—

(1) without the use of Federal funds; and

(2) in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—

(A) with the aid of Federal funds previously apportioned or allocated to the State; or

(B) with obligation authority previously allocated to the State.

(b) Obligation of Federal Share.—The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.

[(c) Redesignated (d).]

(d) Inclusion in Transportation Improvement Program.—The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(f).

(a) In General.—

The Secretary may authorize a State to proceed with a project authorized under this title—

(1)

without the use of Federal funds; and

(2)

in accordance with all procedures and requirements applicable to the project other than those procedures and requirements that limit the State to implementation of a project—

(A)

with the aid of Federal funds previously apportioned or allocated to the State; or

(B)

with obligation authority previously allocated to the State.

(b) Obligation of Federal Share.—

The Secretary, on the request of a State and execution of a project agreement, may obligate all or a portion of the Federal share of a project authorized to proceed under this section from any category of funds for which the project is eligible.

The Secretary may approve an application for a project under this section only if the project is included in the transportation improvement program of the State developed under section 135(g).

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Versions

Nov 15, 2021 – presentcurrentviewing
OLRC release point
Subsec. (c). Pub. L. 117–58 substituted “section 135(g)” for “section 135(f)”.
IIJA →
▸ what changed
Source credit
Pub. L. 117–58, div. A, title I, § 11525(e), Nov. 15, 2021, 135 Stat. 607.
Jun 6, 2008 – Nov 15, 2021
Annual edition
Subsecs. (c), (d). Pub. L. 110–244 redesignated subsec. (d) as (c).
▸ what changed changes vs current →
Source credit
Pub. L. 110–244, title I, § 101(j), June 6, 2008, 122 Stat. 1574
Aug 10, 2005 – Jun 6, 2008
Annual edition
Subsecs. (a), (b). Pub. L. 109–59, § 1501(a)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b), which related to payment of the Federal share of the cost of congestion mitigation and air quality improvement, surface transportation, bridge, planning, and research projects and Interstate and National Highway System projects which have been subject to advance construction by a State.
▸ what changed changes vs current →
Source credit
Pub. L. 109–59, title I, § 1501(a), Aug. 10, 2005, 119 Stat. 1235
Jul 22, 1998 – Aug 10, 2005
Annual edition
Subsec. (a). Pub. L. 105–178, § 1106(c)(1)(A)(i), struck out “Substitute,” before “Congestion” in heading.
changes vs current →
Source credit
Pub. L. 105–206, title IX, § 9003(a), July 22, 1998, 112 Stat. 837
Jun 9, 1998 – Jul 22, 1998
Amended · full text not held
Subsec. (a). Pub. L. 105–178, § 1106(c)(1)(A)(i), struck out “Substitute,” before “Congestion” in heading.
Source credit
Pub. L. 105–178, title I, §§ 1103(l)(3)(A), 1106(c)(1)(A), 1226(a), title V, § 5119(d), June 9, 1998, 112 Stat. 126, 136, 452
Nov 28, 1995 – Jun 9, 1998
Annual edition
Subsec. (d). Pub. L. 104–59 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:
▸ what changed changes vs current →
Source credit
Pub. L. 104–59, title III, § 308, Nov. 28, 1995, 109 Stat. 582
Jun 22, 1992 – Nov 28, 1995
Annual edition
Subsec. (a). Pub. L. 102–302, § 103(1), in heading substituted “Substitute, Congestion Mitigation and Air Quality Improvement, Surface Transportation, Bridge, Planning, and Research Projects” for “Substitute, Urban, Secondary, Bridge, Planning, Research, and Safety Construction Projects”.
changes vs current →
Source credit
Pub. L. 102–302, § 103, June 22, 1992, 106 Stat. 252
Apr 2, 1987 – Jun 22, 1992
Amended · full text not held
Pub. L. 100–17, § 113(d)(1)(A), substituted “Advance construction” for “Construction by States in advance of apportionment” in section catchline.
Source credit
Pub. L. 100–17, title I, § 113(a)–(d)(1), Apr. 2, 1987, 101 Stat. 149, 150
Jan 6, 1983 – Apr 2, 1987
Amended · full text not held
Subsec. (a). Pub. L. 97–424, § 113(c), designated existing provisions as pars. (1) and (2) and designated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1); in par. (1) as so redesignated, substituted “When a State has obligated all funds appropriated or allocated to it under section 103(e)(4), 104, or 144 of this title, other than “interstate funds, and proceeds to construct any highway substitute, Federal-aid system, or bridge project, respectively, other than an Interstate project funded under section 104(b)(5) of this title, without the aid of Federal funds in accordance with all procedures and all requirements applicable to such a project, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 103(e)(4), 104, or 144, respectively, of this title if—”, for “When a State has obligated all funds for any of the Federal-aid systems, other than the Interstate System, apportioned to it under section 104 of this title, and proceeds to construct any project without the aid of Federal funds, including one or more parts of any project, on any of the Federal-aid systems in such State, other than the Interstate System, as any of those systems may be designated at that time, in accordance with all procedures and all requirements applicable to projects on any such system, except insofar as such procedures and requirements limit a State to the construction of projects with the aid of Federal funds previously apportioned to it, the Secretary, upon application by such State and his approval of such application, is authorized to pay to such State the Federal share of the costs of construction of such project when additional funds are apportioned to such State under section 104 of this title if—”; in subpar. (A) thereof struck out “on the Federal-aid system involved” after “other projects”; and in par. (2) as so designated inserted “for section 103(e)(4), 104, or 144 of this title, as the case may be,” after “unless authorization”, and made a new sentence of existing provisions, beginning with “No application”.
Source credit
Pub. L. 97–424, title I, § 113, Jan. 6, 1983, 96 Stat. 2106
Nov 9, 1979 – Jan 6, 1983
Amended · full text not held
Subsec. (b). Pub. L. 96–106 designated existing provisions as par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B) and added par. (2).
Source credit
Pub. L. 96–106, § 4, Nov. 9, 1979, 93 Stat. 797
Jan 4, 1975 – Nov 9, 1979
Amended · full text not held
Subsec. (a). Pub. L. 93–643, § 111(a), substituted “other than the Interstate System” for “including the Interstate System” in two places.
Source credit
Pub. L. 93–643, § 111, Jan. 4, 1975, 88 Stat. 2285
Aug 23, 1968 – Jan 4, 1975
Amended · full text not held
Subsec. (a). Pub. L. 90–495, § 25(a), extended advance construction authority to all the Federal-aid highway systems rather than just the Interstate System but provided that anticipation of future apportionments by States should only be permitted for those years for which authorizations have been established by law.
Source credit
Pub. L. 90–495, § 25(a), (b), Aug. 23, 1968, 82 Stat. 828, 829
Aug 27, 1958 – Aug 23, 1968
Enacted · full text not held
Source credit
Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 896

See all changes since 1992 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 1992; earlier amendments are recorded by date and act, without pre-1994 full text.